ST9904-CS 991221SANDY JACOBS
DENTON COUNTY COMMISSIONER
December 21, 1999
Mr. Jim Witt, City Manager
The City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
RE: SH 121 State Infrastructure Bank Proposal and Interlocal Agreement
Dear Mr. Witt:
Attached is a copy of the initial proposal to the Texas Transportation Commission
regarding improvements to SH121. Denton County will make a presentation before the
TTC on January 27, 2000 related to this proposal. The section within Dallas County
identified as Section 13 in the cities of Coppell and Grapevine is awaiting environmental
clearance. Once that occurs, Denton County and the partnership team will initiate similar
steps to expedite its development and construction. Current estimates indicate that
Section 13 will be environmentally cleared some time in late 2000.
Denton County formally committed to the issuance of $8.25 million in bond funds for
the SH 121 Main Lanes project on December 21, 1999. Attached is a draft Interlocal
Cooperative Agreement (ICA) between Denton County and Coppell. Please take the
necessary steps to ensure that Coppell acts to approve the ICA by January 11, 2000 so
that Denton County and each city can present the strongest possible presentation to the
TTC at its January 27th meeting.
Should you have any questions, please do not hesitate to contact me at 972/492-0139 or
John Polster at 972/484-2525.
Sincerely,
Sandy
Denton County Commissioner, Prct. 2
Denton County Government Center - 1029 W. Rosemeade Parkway - Carrollton, Texas 75007
Phone/Voice Mail: (972) 492-0139 - FAX: (972) 394-4097 - e-mail: sjacobs@co. denton.tx.us
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
INTERLOCAL AGREEMENT - SH 121
This Interlocal Agreement - SH 121 (the "Agreement") is entered into as of ,
__, by and between Denton County, Texas (the "County") and , Texas (the
"City").
WITNESSETH:
WHEREAS, the County and the City desire to enter into an agreement for the design,
construction and improvement of a portion of State Highway 121 (the "Project");
WHEREAS, the Interlocal Cooperation Act, codified as V.T.C.A., Government Code, Chapter
791 (the "Act"), provides authorization for any local government to contract with one or more local
governments to perform governmental functions and services under the terms of the Act; and
WHEREAS, the County has filed an application with the Texas Department of Transportation
to obtain a $10,000,000 loan from the State Infrastructure Bank (the "SIB Loan") to fund a portion
of the Project, including, particularly the engineering therefor;
WHEREAS, the City has heretofore expressed its support of the Project and the funding of
a portion of the costs of said Project;
WHEREAS, to enable the County to perform certain functions related to the Project the City
has heretofore agreed to pay to the County a total amount of $ payable in five equal
annual installments of $ each as hereinafter provided;
WHEREAS, the parties hereto agree that if the SIB Loan has not been made to the County
on or before October 1, 2000, the City reserves the right to withdraw its commitment under this
Agreement;
813260.02/09501363
WHEREAS, the City and the County have both found and determined and do hereby find
and determine that the Project is in the best interests of the citizens of both the City and the County;
NOW, THEREFORE, in consideration of the premises and covenants herein contained, the
City and the County agree as follows:
Section 1. The provisions of this Agreement contained in the preambles set forth above
are hereby incorporated by reference as if fully set forth in the body of this Agreement and shall
become and are hereby made a part of this Agreement for all purposes.
Section 2. The City hereby agrees to pay the County the sum of $ (the
"City Commitment") payable in annual installments of $. on or before October 1,2000
and each October I thereafter until fully paid. The County agrees to provide and perform
governmental functions and services as permitted by the Act in connection with the Project. The
City reserves the right to withdraw and cancel the City Commitment in the event the County has not
received the SIB Loan proceeds by or before October 1,2000. No interest shall be charged to the
City in connection with the installment payments of the City Commitment. The City hereby reserves
the right to prepay the City Commitment at any time during the term of this Agreement, without
penalty.
Section 3. The City Commitment shall be paid only from current revenues of the City as
those revenues exist from time to time.
Section 4. This Agreement shall be for a term of six (6) years or until the City
Commitment is paid in full, whichever is less.
Section 5. This Agreement may not be amended or modified without the prior written
consent of both the City and the County.
813260.02/09501363 '~' '
Section 6. If any clause, provision or section of this Agreement is ruled invalid or
unenforceable by a court of competent jurisdiction, the invalidity or unenforceability thereof shall not
affect any of the remaining clauses, provisions or sections hereof.
Section 7. This Agreement may be executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same documents.
Section 8. This Agreement shall be governed in all respects by the laws of the State of
Texas.
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813260.02/09501363 -3 -
IN WITNESS WHEREOF, the City and the County have caused this Agreement to be
executed by their duly authorized representatives pursuant to [ordinance or resolution] number
of the City and Commissioners Court Order No.
DENTON COUNTY, TEXAS CITY OF
By:. By:
Kirk Wilson, Denton County Judge Mayor
ATTEST: ATTEST:
By: By:
Deputy, County Clerk City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Assistant District Attorney City Attorney
3260.02/09501363 S - 1